Twist In Leyritz Case

Ex-yankee's Lawyer Says Videotape May Affect Prosecutors' Theory

September 5, 2009|By Lisa J. Huriash Staff Writer

The surprise surfacing of a videotape has thrown plans for the DUI manslaughter trial of a former New York Yankee into disarray.

Authorities say former major leaguer Jim Leyritz was drunk and ran a red light in downtown Fort Lauderdale in December 2007, killing Fredia Veitch, a 30-year-old mother of two from Plantation. Prosecutors said the accident happened at about 3:19 a.m.

But in court Friday afternoon, David Bogenschutz, the attorney for Leyritz, announced that he had just uncovered a video that shows Veitch driving before the accident.

Because the time stamp on the video could cast doubt on prosecutors' theory as to how drunk Leyritz was at the time of the wreck, Bogenschutz asked for the trial to be postponed so he has more time to prepare.

Leyritz, who prosecutors say failed to heed a red light and collided with the woman, could be sentenced up to 15 years in prison if convicted.

Bogenschutz said the video could show the accident happened sooner than currently believed, which would skew the toxicology results. If the accident happened earlier, Leyritz would have been less drunk than prosecutors claim because the alcohol he had consumed would not have had as much time to take effect, Bogenschutz said.

Broward Circuit Judge Marc Gold said he was stunned the videotape was showing up now - almost two years after the deadly crash. He granted Bogenschutz's request, and a new trial date - which is likely to be in January - will be scheduled Sept. 18. Proceedings had originally been scheduled to begin Sept. 14.

"We always thought there was no video," state prosecutor Stefanie Newman told the judge. "There was a communication gap why we never learned of it."

Bogenschutz said he has been asking for any videotape for a year, but city investigators said no video existed of the intersection or the accident.

Earlier this week, in a "last-ditch public records demand" for video in the general vicinity, Bogenschutz found a videotape recorded about a half block from the accident scene by a camera on a city light pole.

Although the defense attorney said Friday that he hadn't viewed the tape yet, he said his experts could use it to establish how fast Veitch was traveling in her SUV since there were no traffic lights in the area to slow her down.

Based on her rate of speed, Bogenschutz said he thinks the accident may have happened 10 minutes earlier than prosecutors estimate.

"Toxicologists have a formula to extrapolate backwards," the lawyer said. "It's a very inexact science. Minutes either way can make a difference."

Leyritz, who sat in the front row of the courtroom during the hearing, was all smiles as Bogenschutz explained to the judge how he uncovered the videotape. But he sighed and shook his head when he learned the trial may be delayed until next year.

"He's not happy it's being continued," Bogenschutz said after the hearing.

Leyritz is free on bond while awaiting the DUI manslaughter trial. In July, Gold allowed the bond but ordered him to have no future contact "whatsoever" with his ex-wife. Gold had revoked Leyritz's bond earlier that month after Karrie Leyritz, the former wife, accused Leyritz of beating her in the Davie home where they still were living together.

Leyritz was arrested on a misdemeanor battery charge and jailed.

Leyritz played for six teams in 11 seasons in the Majors. During a stint with the Yankees, he hit a memorable home run in the 1996 World Series. The Yankees beat the Atlanta Braves in that Series, capturing their first championship since 1978.

Lisa J. Huriash can be reached at lhuriash@sunsentinel.com or 954-572-2008.